BILL NUMBER: SB 1055	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2010

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 16, 2010

   An act to add Section 11546.3 to the Government Code, relating to
the State Chief Information Officer.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1055, as amended, Ashburn. State Chief Information Officer:
fingerprints: criminal history.
   Existing law authorizes certain state agencies to require
fingerprint images and associated information from employees and
prospective employees, and to furnish those images and that
information to the Department of Justice for the purpose of obtaining
information relating to criminal convictions.
   This bill would, in addition, authorize the State Chief
Information Officer to require fingerprint images and associated
information from an employee, prospective employee, contractor,
subcontractor, volunteer, or vendor whose duties include, or would
include, access to confidential or sensitive information. The bill
would allow the State Chief Information Officer to furnish those
images and that information to the Department of Justice for the
purpose of obtaining information relating to criminal convictions or
the existence and content of a record of arrest, as specified. The
bill would require the State Chief Information Officer to request
subsequent arrest notifications, as specified, and would authorize
the Department of Justice to assess a fee sufficient to cover the
processing costs imposed by these provisions.  The bill also
would require that an individual who is rejected as a result of
information contained in the criminal offender record receive a copy
of the response record from the State Chief Information Officer and
that the State Chief Information Officer develop a written appeal
process for an individual who is rejected for employment because of
his or her record. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11546.3 is added to the Government Code, to
read:
   11546.3.  (a) The State Chief Information Officer may require
fingerprint images and associated information from an employee,
prospective employee, contractor, subcontractor, volunteer, or vendor
whose duties include, or would include, access to confidential or
sensitive information.
   (b) The fingerprint images and associated information described in
subdivision (a) may be furnished to the Department of Justice for
the purpose of obtaining information as to the existence and nature
of a record of state or federal convictions and the existence and
nature of state or federal arrests for which the person is free on
bail or on his  or   her  own recognizance pending
trial or appeal. Requests for federal criminal offender record
information received by the Department of Justice pursuant to this
section shall be forwarded to the Federal Bureau of Investigation by
the Department of Justice.
   (c) The Department of Justice shall respond to the State Chief
Information Officer with information as provided under subdivision
(p) of Section 11105 of the Penal Code.
   (d) The State Chief Information Officer shall request subsequent
arrest notifications from the Department of Justice as provided under
Section 11105.2 of the Penal Code.
   (e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code. 
   (f) If an individual described in subdivision (a) is rejected as a
result of information contained in the Department of Justice or
Federal Bureau of Investigation criminal offender record information
response, the individual shall receive a copy of the response record
from the State Chief Information Officer.  
   (g) The State Chief Information Officer shall develop a written
appeal process for an individual described in subdivision (a) who is
determined ineligible for employment because of his or her Department
of Justice or Federal Bureau of Investigation criminal offender
record.